43Authority to export or import for the purposes of travelling circuses etc.

##### 43 Authority to export or import for the purposes of travelling circuses etc. (1) In this section, exhibition includes a zoo or menagerie. (2) Where a person wishes to export a specimen, other than a live native Australian animal, the export of which, otherwise than in accordance with a permit or an authority, is prohibited by section 21, from Australia or from an external Territory for the purpose of the use of the specimen in a circus or an exhibition that is proposed to be, or has been, temporarily taken out of Australia or that Territory, as the case may be, that person may make an application to the Minister for an authority under this section to export that specimen for that purpose. (3) Where a person wishes to import a specimen, other than a live native Australian animal, the import of which, otherwise than in accordance with a permit or an authority, is prohibited by section 22, into Australia or into an external Territory for the purpose of the use of the specimen in a circus or an exhibition that is proposed to be, or has been, temporarily brought into Australia or that Territory, as the case may be, that person may make an application to the Minister for an authority under this section to import that specimen for that purpose. (4) An application under subsection (2) or (3) shall: (a) be in writing; (b) contain particulars of the specimen to which the application relates; and (c) contain particulars of the purpose of the export or import of the specimen, as the case requires. (5) Subject to subsection (6), the Minister may, in the Minister’s discretion, give, or refuse to give, an authority under this section to a person who has made an application for the authority under subsection (2) or (3). (6) The Minister shall not give an authority under this section to export or to import a specimen unless the Minister is satisfied: (a) that the specimen will be exported or imported, as the case may be, for the purpose specified in subsection (2) or (3), as the case may be; (b) where the specimen is a live animal or a live plant, that: (i) in the case of an authority to import—the proposed recipient of the animal or plant is equipped to confine, and will confine, the animal or plant; (ii) the proposed recipient of the animal or plant is equipped to provide, and will provide, suitable care for the animal or plant; and (iii) the animal or plant will be prepared and shipped (including prepared and shipped for the subsequent re‑importation or re‑exportation, as the case may be) so that the risk of: (A) injury to the animal or plant; (B) adverse effect on the health of the animal or plant; and (C) in the case of an animal—cruel treatment of the animal; is minimized; and (c) except in the case of an authority to import a specimen not referred to in paragraph 22(a), that: (i) the specimen: (A) in the case of an animal specimen—is, or is derived from, a live animal that was bred in captivity; or (B) in the case of a plant specimen—is, or is derived from, a live plant that was artificially propagated; or (ii) the specimen was acquired by the applicant: (A) where the specimen is of a species that was included in an Appendix to the Convention when the Convention entered into force—before the Convention entered into force; (B) where the specimen is of a species that was first included in an Appendix to the Convention after the Convention came into force and before the commencement of this Act—before the species was so included; (C) where a preceding provision of this subparagraph does not apply to the specimen and the specimen is of a kind to which section 21 or 22, as the case may be, applied on the commencement of this Act—before that commencement; or (D) in any other case—before section 21 or 22, as the case may be, commenced to apply to specimens of the kind of which the specimen is a kind. (7) An authority under this section shall be in writing in the prescribed form or, if no form is prescribed, a form approved by the Minister. (8) Without limiting the powers of the Minister under subsection 47(1), an authority under this section to export or to import a specimen is subject to the condition that the holder of the authority will not, without reasonable excuse, fail to re‑import or re‑export the specimen, as the case may be, before the authority expires. (9) An authority under this section: (a) comes into force on the date on which it is given; and (b) subject to section 46, remains in force for a period of 12 months commencing on the date on which it is given or, if another period is specified in the authority, that other period. (10) For the purposes of this Act: (a) an authority in force under this section to export a specimen from Australia or an external Territory is also an authority to re‑import the specimen into Australia or that Territory, as the case may be, after its export in accordance with the authority; and (b) an authority in force under this section to import a specimen into Australia or an external Territory is also an authority to re‑export that specimen from Australia or that Territory, as the case may be, after its import in accordance with the authority.